Pocket listings, increasingly seen as discriminatory, draw scrutiny.

Cornered pockets?

Despite being banned by the National Association of Realtors since 2019, pocket listings are on the rise. The New York Times says close to 20% of all homes on the market today are never made available to the public — with the number of pocket listings growing by as much as 63% since 2020 — and that brokers now use encrypted apps to pass around pocket listings in what amounts to a massive shadow market.

But this month, the National Association of Realtors revealed that its failure to enforce its own ban on pocket listings is a focus of an investigation by the Department of Justice’s antitrust division. Legal action is likely some way off, but the potentially prejudicial practice — much like “love letters” — could be on the way out. Which is probably for the best, on multiple fronts. Studies show that pocket listings sell for 6-20% less than publicly listed properties.

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